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The purpose of this study is to examine the choices social enterprises in the USA have about the legal formation of their business. Recently, new legal forms have been developed in the USA to ensure social goals are legally embedded into the firm. While the development of these new alternative supports social missions, organizations should be aware of both the benefits and drawbacks, which are outlined in this paper. Additionally, we draw on the US Supreme Court’s decision in the Hobby Lobby case to illustrate how social enterprises can embed their social mission into their legal foundation using traditional legal structures, accomplishing the same purpose as the new socially oriented alternatives.

The authors provide a detailed assessment of the social-oriented legal forms of business based on precedent set in the US Supreme Court Hobby Lobby case.

Based on precedent in the Hobby Lobby case, the authors’ view is that traditional US legal business structures can be as effective as alternative socially oriented legal forms in the US as a method to legally prevent mission drift by legally embedding social goals into the legal structure of the firm.

By highlighting how social enterprises can use traditional US legal business forms to ensure their social mission as part of the organizational goals, the authors provide another legal avenue, and so US-based social enterprises can continue to focus on addressing social issues without worrying about mission drift from legal pressures.

There is quite a lot of hype surrounding the development and adoption of socially oriented legal business forms in the USA with little discussion about the actual need for these new forms. The alternative perspective by the authors informs social enterprises how they can operate within the traditional US legal system while still focusing on their social mission.

The authors are one of the first to argue, based on precedent in the Hobby Lobby case, that US social enterprises need to critically examine which type of legal form is right for their business and what will offer them most benefit to their social mission in the long run.

The paper aims to extend deliberation on legal and political aspects of debate over globalisation versus cosmopolitanism into the field of jurisprudence – philosophy of law. It gives particular attention to questions of the legitimacy of international law and emerging forms of economic governance for business enterprises, soft law, rule of law, accountability and human rights.

In terms of research method, the paper proceeds from normative, as opposed to empirical studies. The paper develops arguments connected with cosmopolitan jurisprudence, a value-based frame of reference for corporate social responsibility. In legal and moral philosophy, normative statements derive from arguments concerning what states of affairs ought to be, how they are to be valued, which things and actions are good or bad. Normative claims contrast with positive (descriptive or explanatory) claims with respect to types of theories, beliefs or propositions. Value is both independent of fact and, at the same time, of an objective nature.

A cosmopolitan jurisprudence frame of reference for economic governance treats human communities as interdependent and takes seriously the human rights obligations and ethical and legal responsibilities of international business enterprises presupposed by international rule of law. In contrast to globalisation jurisprudence, the cosmopolitan philosophy of international law seeks justificatory ground, not only exclusively for traditional forms of centralised governmental authority but also for decentralised, polycentric, private and hybrid public–private forms of authority.

The paper demonstrates the insufficiency of just describing, as political science and economics does, the emergence of new arrangements for global economic governance. As well, it is insufficient for management theory to propose instrumental strategies for managing various stakeholder interests at play in emerging forms of governance. Efforts of empirical researchers in documenting, classifying and providing empirical analysis of power shifts do not provide moral justifications or groundings of legitimacy from human rights and rule of law. The paper shows how a cosmopolitan jurisprudence standpoint is a fertile theoretical source for addressing such justificatory issues.

In the context of a rapidly globalising economy, the justification of responsible business conduct across borders and cultures is more and more becoming a pressing practical concern. Increasingly, private actors are operating in authoritative positions, fulfilling governing functions once perceived to be the exclusive domain of nation-states.

The paper suggests that more important than focusing exclusively on descriptive, coercive and instrumental features of law, and seeking some overarching sanctions system that would necessitate pledging allegiance to a global super-sovereign, is cultivating social awareness of the importance of non-instrumental internal dispositions of actors to respect the normative obligatory nature of norms. The intrinsic value of rule of law and human rights provides a vital intellectual pathway for surmounting legitimacy gaps in global economic governance.

The paper breaks new ground by developing a cosmopolitan jurisprudence as an alternative to globalisation jurisprudence. This new articulation of cosmopolitan jurisprudence serves to provide analysis of philosophical justifications for emerging soft law syndicates that purport to establish obligations for business enterprises and other participants towards soft law regimes touching upon sustainability and human rights responsibilities.

The purpose of this paper is to provide a multidimensional framework for the identification, description and comparative analysis of alternative farm structures and their properties for economic development.

Integrating previous typologies and considering a large set of examples, the authors identify six attributes that are necessary to characterize and compare farm structures: size; strategy; organizational form; legal form; who the owners are; and degree of separation of ownership and control. They also discuss potential complementarities between those organizational attributes and specific features of the institutions of developing and emerging countries, such as contract enforcement and property rights protection regime, and developed capital markets and corporate law.

Conceptually and empirically, effective farm structures can deviate from the templates traditionally considered – “small family-owned farm” or “large factory-like corporate farm,” combining structural attributes in diverse ways. The dimensionalization of farm structures also helps in revealing complementary institutional traits at the regional or larger system level that may foster development processes.

The paper is limited to theory building and case-based evidence. Nevertheless, it provides dimensions that can be measured on a larger scale and by quantitative studies.

This paper sheds light on organizational diversity in agriculture and on a wider set of feasible development paths.

Accounting practices vary not only across firms, but also across countries, reflecting the respective legal and cultural background. Attempts at harmonization therefore continue to be rebuffed. The purpose of this paper is to argue that different wordings in national laws, and different interpretations of similar wordings in national laws, can be explained by taking recourse to the philosophy of language, referring particularly to Searle and Wittgenstein.

The example of the substance over form principle, investigated in seven countries, is particularly suitable for this analysis. It is known in all accounting jurisdictions, but still has very different roots in different European countries, with European and international influences conflicting, which is reflected in the different wording of the principle from one country to the next, and the different socially constructed realities associated with those wordings.

This paper shows that, beyond accounting practices, the legal and cultural background of a country affects the wording of national law itself. The broad conclusion is that different socially constructed realities might tend to resist any attempt at harmonized socially constructed words.

The paper contributes to the debate surrounding the possible homogenization of accounting regulations, illustrating the theory of the social construction of both “reality” and “language” on the specific application of one common principle to various Member State environments.

In this article the author proposes to traverse various views on money in order to contend that while antiquated notions of its materiality continue to bedevil English legal structures, the law will fail to keep up with current commercial practices, and, equally seriously, fail to detect, prevent or punish coming criminal practices as well. The thrust of the argument is that how money is perceived, and what is conceived of as constituting it, together determine how laws deal with the cultural and commercial need for consensus on what might function as a medium of exchange and a store of value. As a consequence, if the perception of money is locked into its historically contingent aspects, legal structures will become increasingly marginalised by the superior resources and sophistication of contemporary organised crime.

This paper presents a guide to free online legislative and legal resources for non‐law librarians. Due to the efforts of the federal and state governments, in addition to the efforts of law school librarians, a wealth of resources has been collected and made available through the Internet on the World Wide Web. This is an excellent time for librarians in public and academic libraries without large law and government collections to take advantage of these new resources. This guide attempts to identify specific resources, show the scope of materials available, and discuss which sites offer extra features that enhance their usefulness. Some sites with good collections of historic and primary resources are also included.

Microfinance institutions (MFIs) play an important role in economic development, with the dual objectives of social outreach and financial self-sufficiency. The purpose of this study is to examine the influence of organizational structure and variations in legal systems on the MFI dual performance goals.

Using a sample that includes 1,518 MFIs from 105 different countries over a period of 20 years, this study analyzes the data by applying a model that includes six categories of organizational structures and variations of legal systems, including both civil and common law, with accounting performance measures for the dependent variables.

The analyses provide robust results indicating that MFIs structured as non-governmental organizations (NGOs) have better social outreach than all other types of MFIs and exhibit better financial performance than MFIs registered as commercial banks or credit unions. Legal systems also played a role in MFI effectiveness.

Given the increasing importance of MFIs on economic development globally, this study has relevance on how the impact of MFI structural characteristics and macro-level influences on their dual performance criteria can be translated into management approaches and governance policies that can increase the effectiveness of these dual (i.e. social and financial) goals.

This study is more comprehensive than prior research in addressing the influence of organizational structures of MFIs and legal systems on MFI dual mission, namely, its financial performance and social outreach, thereby increasing our understanding of policy implications in sustaining the MFI’s developmental role.

The purpose of this paper is to present a “manifesto” exploring a methodological approach to legal analysis, relying upon a morphological understanding of ideology.

The authors explore ideology within law and legal culture. They examine one such ideology – rule of law – and consider how this can shape judicial decision-making. They suggest techniques by which such influences can be identified.

The authors make four findings. First, following Freeden, ideology can be understood as a ubiquitous form of political thinking which seeks to fix the meanings of essentially contested concepts. Second, ideology in this sense forms an important part, but is distinguishable from the wider notion of legal culture. Considering ideology in law as a sub-system of legal culture can therefore be fruitful in providing a rich understanding of interpretive disagreements among the judiciary. Third, rule of law as an ideal is itself ideological, as it comprises contested concepts such as certainty, equality, stability and legality. It can be considered to constitute an internal ideology of law and it can be analysed how the concepts are de-contested in individual decisions. Finally, understanding this can help in the analysis of judgments in areas with high levels of administrative discretion and political contestation, such as planning and environmental law, as it helps us to understand how any particular judge sees the role of the court in its wider political context.

The originality of the authors’ approach lies in the drawing together of methodological techniques and understandings of ideology in, and in relation to, law.

The purpose of this paper is to present a tentative typology of social enterprises in South Africa. It also tries to establish a base line on the current state of social entrepreneurship in South Africa. While the term seems to have been appearing more and more frequently in both the public and political domain in the past decade or so, the current knowledge of social enterprise in South Africa (as in Africa more broadly) remains very limited.

This paper tries to address this dearth of academic literature on social entrepreneurship in South Africa by reviewing the extant academic and grey literature as well as various policy documents with the aim of discerning the various legal forms under which social enterprises can incorporate.

The paper distinguishes three avenues for incorporation: as a non-profit entity, a for-profit entity or a hybrid structure.

It calls for both rigorous and systematic empirical and theoretical work that is grounded in the realities of the country to strengthen sound policy decision-making as well as effective organisation and management of these organisations, which can play a crucial role in both economic and social development of South Africa.

As part of the International Comparative Social Enterprise Models (ICSEM) project, this paper contributes to the understanding of the geographically distinct manifestations of social enterprise in South Africa. At the same time, it aims to present a research agenda to move social entrepreneurship in South Africa forward.

The purpose of this paper is to discuss the emergence of social enterprise in Japan by looking at the predominant types of social enterprise in the country, their industries and target groups, their challenges and strength.

The paper adopts an analytical approach, building on previous work; it is grounded on the social construction theory, which has the advantage of apprehending social phenomena from different viewpoints.

The study identifies three different conceptual approaches to explain the emergence of social enterprise in Japan. It then demonstrates that there exists a link between the approaches identified and the emerging social enterprise types in the country. Furthermore, it discusses the strategies used by those emerging social enterprise types in choosing their particular legal forms (in the absence of a specific legal form for social enterprise in Japan) and shows how this choice is normally determined by the constraints associated with those organisational forms. From this perspective, the paper outlines the major contemporary issues affecting social enterprises in Japan and focuses on two key challenges: the systems of regulation and the financial viability. In discussing the financial challenge it presents the dual attitude of the Japanese government towards the development of the social enterprise sector.

This paper builds up the theoretical foundations for the understanding of the social enterprise sector in Japan and it will stimulate further researches on the future development of the sector.